Disobey of court orders

kaur (Querist) 10 August 2014 This query is : Resolved
In joint property including one shop is recently opened by opposite members inspite of court status orders. Under what section I can complaint to police that shop should be closed down since court had already issued status quo orders 1 year back and when case is still pending in court. Please advice

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Y V Vishweshwar Rao (Expert) 10 August 2014
1- Who is in Possession!

2- Status Quo Orders-to maintain the Shop situation as on the date of Orders/Suit - to keep vacant ? / or/ to continue in possession? / or to Use the same by the party in possession ?

3- Usage of the Shop by Person in Possession is prohibited by Status Quo Order ?

4- It is required to file a petition for violation of Court orders before the same court which passed the Order & in case , if Order is violated , pray for necessary orders by the Court in which suit is filed and Status quo orders are passed

Devajyoti Barman (Expert) 10 August 2014
if interim order of civil court is violated then either go for police protection u/s 151 cpc or file contempt petition under order 39 rule 2a of cpc.

Guest (Expert) 10 August 2014
I second the view of my friend Devjyoti.

Rajendra K Goyal (Expert) 10 August 2014
Agree with the advise of expert Devajyoti Barman.

kaur (Querist) 10 August 2014
At the time of filing the court case the shop was closed since it was inherited property from parents and as per revenue records it was transferred to all legal heirs. Status quo orders were passed almost one year back and now in absence of other members the plaintiff broke open the lock of the shop and started using it and now trying to prove in court that they are in possession. I have informed this to police ans they say that they are investigating the matter. How can the shop be locked by court. Please advice

Adv D P Jindal (Expert) 10 August 2014
The status of the shop was on the court file at the time of court order. You may contact your lawyer and apprise the situation and he will file a petition for violation of Court orders before the same court which passed the Order.

Guest (Expert) 10 August 2014
@ Kaur,

The situation being such that the plaintiff having forcibly took possession of the shop which as per you happened to be in your possession, you will have to amend the written statement and file counter-claim for restoration of possession of the suit property or counterclaim for mandatory injunction and possession of property

ajay sethi (Expert) 10 August 2014
agree with Mr nayyar

Raj Kumar Makkad (Expert) 10 August 2014
I also do endorse the advice of expert Nayyar.

kaur (Querist) 11 August 2014
My advocate advised me to first file complaint before the S.S.P.(Police Station of the area) against the opposite party for violating the court orders and bring the complaint copy from police and thereafter only my advocate shall file contempt of court in same court where the case is pending. My query is that under what section should I file complaint before the police. Please advice.

Biswanath Roy (Expert) 15 August 2014
STATUS QUO means the situation that currently exists viz, at the time of order made by the court. Breaking open the lock of the shop while the status quo order is subsisting falls under the criminal offense u/s.461 IPC. so you may lodge a diary in the local Police Station where the shop situates. The situation occurred due to your own fault firstly because you did not locked up the shop with your own lock and key and sealed the same in presence of two independent witnesses and secondly you did not took a photograph of the shop door by a professional photographer mentioning date and time on the back side with the rubber stamp of the shop along with shop keeper's signature and produce the same at the time of praying status quo order so that status of the property could be recorded in the proceedings at the time of delivering the interim order of the court.

Disobey of court orders

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